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The most common cause of Motorcycle Accident Lawyer Florida is human error. Most of the time, it’s someone who wasn’t diligently paying attention or not following the rules and regulations of the road.
The insurance company will say that the motorcyclist was at fault for the accident and should have gotten out of the way of a vehicle that the motorcyclist had no possible way of avoiding.
Motorcycle Accident Injuries
Some of the injuries you will see in motorcycle accidents are…
- Spinal injuries,
- Traumatic brain injuries,
- Dismemberment, and
- Death.
Common Defenses Used By Insurance Companies
The insurance carriers will do everything they can to avoid paying the full amount of damages that a party is entitled to recover for an accident that’s not their fault. When it comes to motorcycle accidents, the one major defense the insurance company will use is to blame the motorcyclist. Levin Litigation, PLLC understands.
This is one way that motorcycle accidents are unique, because liability becomes the issue. There are usually significant injuries sustained by a motorcyclist, so proving liability is going to be the main way that the insurance company can get out of paying damages.
The likelihood that the insurance carrier would be able to defend on causation of injuries or the extent of injuries is less likely than they would be able to defend on a liability argument. So, the most common defense is to blame the motorcyclist.
If I Was Partially At Fault For The Motorcycle Accident that Caused My Injuries, Could That Reduce Any Settlement?
In the state of Florida, we have comparative negligence, which means that the injured party, even if there’s some fault, can still recover those damages.
It would ultimately be up to a jury to determine what percentage of fault each party has contributed to the accident. After the jury trial, if there is one, the damages would be reduced by that percentage.
It’s highly recommended that you let your attorney talk to you about what is considered ‘liability’ and ‘at fault’. Oftentimes, people feel that they were partially at fault when they have done nothing wrong and there was nothing they could have done to avoid the accident.
Contact us today for a free consultation.
